Case Digest (G.R. No. 212049)
Facts:
Magsaysay Maritime Corporation, Princess Cruise Lines, Marlon R. Rono and "Star Princess," petitioners v. Romeo V. Panogalinog, G.R. No. 212049, July 15, 2015, First Division, Perlas-Bernabe, J., writing for the Court. The petition seeks review of the Court of Appeals' Decision dated October 25, 2013 and Resolution dated April 7, 2014 in CA-G.R. SP No. 126368, which reinstated a Labor Arbiter award granting permanent total disability benefits to respondent.Respondent was employed by petitioner Magsaysay Maritime Corporation (MMC) for its foreign principal Princess Cruise Lines (PCL) as a Mechanical Fitter aboard the vessel Star Princess under a ten-month contract beginning December 18, 2009. On April 27, 2010, while performing maintenance, he injured his right elbow/forearm and was treated aboard ship and later repatriated on May 9, 2010; ship and company-designated physicians diagnosed “Lateral Epicondylitis, Right.” Company physicians recommended physical therapy and, after follow-up, on September 15, 2010 a company physician declared him fit to return to work. On October 13, 2010, respondent’s independent physician, Dr. Manuel C. Jacinto, Jr., issued a medical certificate declaring him unfit for sea work.
On October 13, 2010 respondent filed a complaint before the Labor Arbiter (docketed NLRC RAB No. NCR Case No. (M) NCR-10-14690-10) seeking permanent total disability compensation under the parties’ Collective Bargaining Agreement (CBA) in the amount of US$80,000, plus medical expenses, moral and exemplary damages, and attorney’s fees. The employer denied liability, relying on company physicians’ findings that respondent had been fit for duty.
The Labor Arbiter (LA) rendered a Decision dated April 7, 2011 awarding US$80,100.00 as permanent total disability benefits and moral and exemplary damages of P50,000.00 each, reasoning that the 120-day period under the POEA Standard Employment Contract (POEA-SEC) had elapsed and respondent was not rehired. Petitioners appealed to the National Labor Relations Commission (NLRC).
The NLRC, in a Decision dated December 15, 2011, reversed and dismissed the complaint, holding that the company-designated physicians’ findings prevailed over the independent physician’s one-time assessment and noting that respondent had signed the fit-to-work certificate. The NLRC denied reconsideration in a June 27, 2012 Resolution. Respondent then filed a petition for certiorari with the Court of Appeals (CA).
The CA, in a Decision dated October 25, 2013, granted the certiorari petition, reinstated the LA award, and held respondent entitl...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit grave error in granting certiorari and awarding respondent permanent total disability benefits by finding that the NLRC gravely abused its discretion?
- On the merits, was respondent entitled to permanent total disability compensation under the applicable law and the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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